BILL NUMBER: SB 261 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senators Dutton and Ducheny
(Coauthor: Senator Hollingsworth)
FEBRUARY 24, 2009
An act relating to water. An act to amend
Section 10631 of, and to add Chapter 5 (commencing with Section
10660) to Part 2.6 of Division 6 of, the Water Code, relating to
water use.
LEGISLATIVE COUNSEL'S DIGEST
SB 261, as amended, Dutton. Water use.
Existing
(1) Existing law requires the
Department of Water Resources to convene an independent technical
panel to provide information to the department and the Legislature on
new demand management measures, technologies, and approaches.
"Demand management measures" means those water conservation measures,
programs, and incentives that prevent the waste of water and promote
the reasonable and efficient use and reuse of available supplies.
Existing law requires urban water suppliers to prepare and adopt
urban management plans with specified components.
This bill would state legislative findings and
declarations relating to water use require an urban
water supplier to develop and implement a plan that will reduce
residential potable water use in a specified manner or achieve
extraordinary water use efficiency. The bill would require an urban
water supplier, or a regional water management group acting on its
behalf, to develop and implement a plan to achieve a sustainable
level of water use by 2020. The urban water supplier or the regional
water management group, as applicable, would be required to report
its progress t owards achieving these water use efficiency
requirements in specified documents .
The bill would enact the Comprehensive Urban Water Efficiency Act
of 2009. The bill would require the department, in cooperation with
other state agencies, to jointly develop and manage a water use
information program referred to as the California Water Supply
Database. The department would be required to complete the
development of the database by January 1, 2012. Each urban water
supplier, beginning no later than March 1, 2011, would be required to
collect prescribed water use information and submit that information
to the department. The bill would require the urban water supplier
to submit a certification, executed under penalty of perjury,
attesting to the accuracy of the information submitted. By expanding
the scope of the crime of perjury, the bill would impose a
state-mandated local program by creating a new crime. The bill would
require an urban water supplier to pay an annual fee, not to exceed
$5,000, that is consistent with applicable legal requirements and
imposed by the department.
The bill would require each urban water supplier to adopt and
commence the implementation of specified best management practices by
December 21, 2012. The State Water Resources Control Board and the
department, by April 1, 2010, would be required to convene a task
force consisting of experts to develop best management practices for
the commercial, industrial, and institutional sector.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10631 of the Water
Code is amended to read:
10631. A plan shall be adopted in accordance with this chapter
and shall do all of the following:
(a) Describe the service area of the supplier, including current
and projected population, climate, and other demographic factors
affecting the supplier's water management planning. The projected
population estimates shall be based upon data from the state,
regional, or local service agency population projections within the
service area of the urban water supplier and shall be in five-year
increments to 20 years or as far as data is available.
(b) Identify and quantify, to the extent practicable, the existing
and planned sources of water available to the supplier over the same
five-year increments described in subdivision (a). If groundwater is
identified as an existing or planned source of water available to
the supplier, all of the following information shall be included in
the plan:
(1) A copy of any groundwater management plan adopted by the urban
water supplier, including plans adopted pursuant to Part 2.75
(commencing with Section 10750), or any other specific authorization
for groundwater management.
(2) A description of any groundwater basin or basins from which
the urban water supplier pumps groundwater. For those basins for
which a court or the board has adjudicated the rights to pump
groundwater, a copy of the order or decree adopted by the court or
the board and a description of the amount of groundwater the urban
water supplier has the legal right to pump under the order or decree.
For basins that have not been adjudicated, information as to whether
the department has identified the basin or basins as overdrafted or
has projected that the basin will become overdrafted if present
management conditions continue, in the most current official
departmental bulletin that characterizes the condition of the
groundwater basin, and a detailed description of the efforts being
undertaken by the urban water supplier to eliminate the long-term
overdraft condition.
(3) A detailed description and analysis of the location, amount,
and sufficiency of groundwater pumped by the urban water supplier for
the past five years. The description and analysis shall be based on
information that is reasonably available, including, but not limited
to, historic use records.
(4) A detailed description and analysis of the amount and location
of groundwater that is projected to be pumped by the urban water
supplier. The description and analysis shall be based on information
that is reasonably available, including, but not limited to, historic
use records.
(c) (1) Describe the reliability of the water supply and
vulnerability to seasonal or climatic shortage, to the extent
practicable, and provide data for each of the following:
(A) An average water year.
(B) A single dry water year.
(C) Multiple dry water years.
(2) For any water source that may not be available at a consistent
level of use, given specific legal, environmental, water quality, or
climatic factors, describe plans to supplement or replace that
source with alternative sources or water demand management measures,
to the extent practicable.
(d) Describe the opportunities for exchanges or transfers of water
on a short-term or long-term basis.
(e) (1) Quantify, to the extent records are available, past and
current water use, over the same five-year increments described in
subdivision (a), and projected water use, identifying the uses among
water use sectors, including, but not necessarily limited to, all of
the following uses:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or
conjunctive use, or any combination thereof.
(I) Agricultural.
(2) The water use projections shall be in the same five-year
increments described in subdivision (a).
(f) Provide a description of the supplier's water demand
management measures. This description shall include all of the
following:
(1) A description of each water demand management measure that is
currently being implemented, or scheduled for implementation,
including the steps necessary to implement any proposed measures,
including, but not limited to, all of the following:
(A) Water survey programs for single-family residential and
multifamily residential customers.
(B) Residential plumbing retrofit.
(C) System water audits, leak detection, and repair.
(D) Metering with commodity rates for all new connections and
retrofit of existing connections.
(E) Large landscape conservation programs and incentives.
(F) High-efficiency washing machine rebate programs.
(G) Public information programs.
(H) School education programs.
(I) Conservation programs for commercial, industrial, and
institutional accounts.
(J) Wholesale agency programs.
(K) Conservation pricing.
(L) Water conservation coordinator.
(M) Water waste prohibition.
(N) Residential ultra-low-flush toilet replacement programs.
(2) A schedule of implementation for all water demand management
measures proposed or described in the plan.
(3) A description of the methods, if any, that the supplier will
use to evaluate the effectiveness of water demand management measures
implemented or described under the plan.
(4) An estimate, if available, of existing conservation savings on
water use within the supplier's service area, and the effect of the
savings on the supplier's ability to further reduce demand.
(g) An evaluation of each water demand management measure listed
in paragraph (1) of subdivision (f) that is not currently being
implemented or scheduled for implementation. In the course of the
evaluation, first consideration shall be given to water demand
management measures, or combination of measures, that offer lower
incremental costs than expanded or additional water supplies. This
evaluation shall do all of the following:
(1) Take into account economic and noneconomic factors, including
environmental, social, health, customer impact, and technological
factors.
(2) Include a cost-benefit analysis, identifying total benefits
and total costs.
(3) Include a description of funding available to implement any
planned water supply project that would provide water at a higher
unit cost.
(4) Include a description of the water supplier's legal authority
to implement the measure and efforts to work with other relevant
agencies to ensure the implementation of the measure and to share the
cost of implementation.
(h) Include a description of all water supply projects and water
supply programs that may be undertaken by the urban water supplier to
meet the total projected water use as established pursuant to
subdivision (a) of Section 10635. The urban water supplier shall
include a detailed description of expected future projects and
programs, other than the demand management programs identified
pursuant to paragraph (1) of subdivision (f), that the urban water
supplier may implement to increase the amount of the water supply
available to the urban water supplier in average, single-dry, and
multiple-dry water years. The description shall identify specific
projects and include a description of the increase in water supply
that is expected to be available from each project. The description
shall include an estimate with regard to the implementation timeline
for each project or program.
(i) Describe the opportunities for development of desalinated
water, including, but not limited to, ocean water, brackish water,
and groundwater, as a long-term supply.
(j) Urban water suppliers that are members of the California Urban
Water Conservation Council and submit annual reports to that council
in accordance with the "Memorandum of Understanding Regarding Urban
Water Conservation in California," dated September 1991, may submit
the annual reports identifying water demand management measures
currently being implemented, or scheduled for implementation, to
satisfy the requirements of subdivisions (f) and (g).
(k) Urban water suppliers that rely upon a wholesale agency for a
source of water shall provide the wholesale agency with water use
projections from that agency for that source of water in five-year
increments to 20 years or as far as data is available. The wholesale
agency shall provide information to the urban water supplier for
inclusion in the urban water supplier's plan that identifies and
quantifies, to the extent practicable, the existing and planned
sources of water as required by subdivision (b), available from the
wholesale agency to the urban water supplier over the same five-year
increments, and during various water-year types in accordance with
subdivision (c). An urban water supplier may rely upon water supply
information provided by the wholesale agency in fulfilling the plan
informational requirements of subdivisions (b) and (c).
() (1) Each urban water supplier or, upon resolution of its
governing board submitted to the department, each regional water
management group acting on behalf of the urban water suppliers within
the group's boundaries, shall develop and implement a plan that will
accomplish one or more of the following:
(A) Reduce single-family residential per capita potable water use
by 20 percent as compared to water use in 2000.
(B) Reduce total residential potable water use by a total of 20
percent as compared to the 2020 projection in the agency's 2005 urban
water management plan, which reduction shall include water
conservation measures included in the 2005 urban water management
plan.
(C) Achieve extraordinary water use efficiency, as defined in
subdivision (c) of Section 10672.
(2) The plan shall include interim milestones for each
even-numbered year for progress towards achieving the 2020 target.
(3) Each reporting agency shall report its progress towards the
2020 water use efficiency target as part of the annual submission of
data pursuant to Section 10671 and in its urban water management
plan.
(4) Each reporting agency may evaluate progress in implementing
the plan by using the metrics it deems most appropriate for its
circumstances.
(m) (1) Each urban water supplier or, upon resolution of its
governing board submitted to the department, each regional water
management group acting on behalf of the urban water suppliers within
the group's boundaries, shall develop and implement a plan to
achieve a sustainable level of water use by 2030, as defined in
Section 10670.
(2) The plan shall include interim milestones for each
even-numbered year for progress towards achieving the 2030 target.
(3) Each reporting agency shall report its progress towards the
water use efficiency target as part of the annual submission of data
pursuant to Section 10671 and in its urban water management plan.
(4) Each reporting agency may evaluate progress in implementing
the plan by using the metrics it deems most appropriate for its
circumstances.
SEC. 2. Chapter 5 (commencing with Section 10660)
is added to Part 2.6 of Division 6 of the Water Code
, to read:
CHAPTER 5. URBAN WATER EFFICIENCY
10660. This chapter shall be known and may be cited as the
Comprehensive Urban Water Efficiency Act of 2009.
10661. In enacting this chapter, the Legislature intends to
accomplish all of the following purposes and this chapter is to be
liberally construed to achieve these purposes:
(a) To increase urban and residential water use efficiency in
California so as to improve water supply reliability in light of
periodic drought and population growth.
(b) To encourage the efficient use of local sources of water, such
as stormwater, recycled water, desalinated water, or treated water
that can either be substituted for potable water or blended as part
of municipal and industrial water supplies, and to increase multiple
uses of water within the same watershed.
(c) To increase water use efficiency in California so as to
contribute towards sustainable job growth and a vibrant economy for
the 21st century.
(d) To accomplish all of these goals in a manner that provides the
greatest flexibility to urban water suppliers, consistent with
protecting public health, preventing environmental damage, and
providing a decent home and satisfying living environment for every
Californian.
10662. The Legislature hereby finds and declares all of the
following:
(a) California's growing population, periodic and serious drought
conditions, and the need to protect California's fish and wildlife
resources require that Californians adopt reasonable water efficiency
measures that improve water supply reliability.
(b) Efficient water use provides significant energy and
environmental benefits, and has the potential to create new
sustainable well-paying "green-collar" jobs that cannot be
outsourced.
(c) Efficient water use includes the development of alternative
local sources of water supplies, such as stormwater, recycled water,
and desalinated water and treated water, that reduce the demand for
imported water. Efficient water use also encourages multiple uses of
water within a single watershed or region.
(d) Enhanced urban water management plans provide a useful
opportunity for urban water suppliers to improve water use efficiency
and water supply reliability, particularly in combination with
statewide oversight and state funding for promising programs.
(e) Efficient water management in California requires that urban
water suppliers attempt to match water quality to the requirements of
each beneficial use.
(f) The Governor's call for a 20-percent reduction in statewide,
urban per capita water use is an important component of a
comprehensive package of water management strategies necessary to
ensure sufficient water supplies for California's residential and
commercial uses.
(g) The implementation of this goal should allow for flexible
implementation that provides for the option of regional or local
implementation.
(h) Meeting the statewide conservation goal should be pursued in a
manner that clearly recognizes all water use efficiency efforts,
including water recycling, stormwater capture, and cooperative
efforts among agencies.
(i) Existing, well-established water management planning
processes, including integrated regional water management plans,
should be utilized to provide for the most effective, cooperative,
efficient, and expedient progress toward the 20-percent statewide
goal.
(j) General statutory direction to state, regional, and local
implementing agencies should allow for implementation that reflects
the need to take into account unique local factors, including housing
density and lot sizes, climatic conditions, the mix of commercial,
industrial, and institutional uses, and year-to-year weather changes.
(k) To date, statewide conservation data is inadequate for the
purpose of assessing past and ongoing conservation efforts.
Standardized data collection and analysis will provide the best means
for tracking progress toward the statewide conservation goal and
ensuring accountability among local and regional agencies.
(l) Goals pertaining to commercial and industrial uses should
recognize the very different commercial and industrial uses among
regions and local agencies and should not unreasonably combine the
factors of commercial uses and population. Progress toward commercial
and industrial water conservation can best be achieved through the
development of best management practices and local and regional
engagement with local commercial and industrial operations.
(m) Any per capita water use goals should be utilized in a fair,
appropriate, and productive manner at the statewide and regional
level and should be applied in a manner that accounts for the unique
factors associated with individual agency conditions.
(n) Water conservation and water use efficiency efforts should be
undertaken for the purpose of enhancing watershed sustainability.
(o) Statutory revisions and administrative actions that provide
direction for the implementation of the urban water use conservation
goal should not be crafted in a manner that could affect or imperil
existing water rights.
10670. (a) Unless the context requires otherwise, the definitions
set forth in this section govern the construction of this chapter.
(b) "CII" means the use of water in commercial, industrial, and
institutional settings.
(c) "Potable water" means raw water that, upon treatment required
to meet minimum safe drinking water standards, may be delivered to
retail customers for municipal and industrial uses.
(d) "Regional water management group" has the same meaning as set
forth in Section 10539.
(e) "Reporting agency" means either an urban water supplier or a
regional water management group acting on behalf of the urban water
suppliers within its boundaries, as authorized by resolution of its
governing board submitted to the department.
(f) "Sustainable" means that an urban water supplier has
sufficient water to meet its customers' demands during normal, dry
and multiple dry years, as set forth in Section 10635, which supplies
are being provided in compliance with applicable laws protecting the
environment.
(g) "Water use efficiency" means the efficient use of water as
that term is defined in Section 10613 and includes all of the
following:
(1) A reduction in the quantity of water required for a purpose
described in Section 1011.
(2) A substitution of a local source of water for water imported
to the watershed.
(3) The substitution or blending of recycled, desalinated water,
or treated water for or with potable water in compliance with
applicable law.
(4) Making multiple uses of the same water within a region or
watershed.
(5) Substituting or blending waters of different quality so as to
better match the quality of water with the requirements of each
beneficial use.
10671. (a) The department, in cooperation with the Public
Utilities Commission, the Energy Commission, the State Department of
Public Health, and the board, and after consultation with the
California Urban Water Conservation Council, shall jointly develop
and manage a water use information program referred to as the
California Water Supply Database.
(b) Each urban water supplier, beginning no later than March 1,
2011, and annually thereafter, shall collect all of the following
data on its operations for the prior calendar year:
(1) The data included in the department's form 38, "Public Water
System Statistics."
(2) The total population within the urban water supplier's service
area, as determined by United States Census Bureau.
(3) The total quantities of stormwater, recycled water, treated
groundwater, desalinated seawater, water previously used within the
watershed, and other alternative sources of water that are delivered
to customers or stored either in surface reservoirs or underground
for future use.
(4) Assuming not more than 70 gallons per capita per day of indoor
water use, the estimated quantity of water used for outdoor
landscape irrigation expressed as a percentage of reference
evapotranspiration for the urban water supplier's service area based
on historic CIMIS data as outlined in the State Landscape Model
Ordinance.
(c) If metered data are not available for the purposes of
complying with subdivision (b), the urban water supplier shall use
its best estimate of requested quantities, using reasonable
professional methods, and shall provide a brief summary of the
methodology with the data.
(d) Wholesale urban water suppliers may, upon agreement of the
retail urban water suppliers in the wholesale urban water supplier's
service area, collect and report aggregate data from retail urban
water suppliers.
(e) The department shall complete the development of the
California Urban Water Supply Database and make it available to the
public on the department's Internet Web site no later than January 1,
2012.
(f) The California Urban Water Supply Database Program shall allow
for the electronic submission and dissemination of water supply data
relating to all urban areas in California. The department shall
adopt guidelines for the submission of this data no later than July
1, 2012.
(g) Each urban water supplier, beginning no later than March 1,
2013, and annually thereafter, shall electronically submit the data
described in this section for the prior calendar year to the
department for input into the California Urban Water Supply Database.
The data shall be incorporated into the urban water supplier's
subsequent urban water management plans.
(h) As part of the collection and submission of data pursuant to
this section, the urban water supplier shall provide an estimate of
the accuracy of the measurements of water deliveries and identify
known potential sources of error.
(i) Each urban water supplier may also submit an estimate of the
energy savings associated with the use of stormwater, recycled water,
and other alternative sources of water as part of the annual
collection and submission of data pursuant to this section. The
department, after consultation with the Public Utilities Commission,
the Energy Commission, the State Department of Public Health, and the
board, may provide guidance to urban water suppliers in calculating
the energy savings.
(j) Information collected and submitted to the department pursuant
to this section shall include a certification, executed under
penalty of perjury, by the general manager or chief executive officer
of the reporting agency that the report accurately and fairly
reflects activities within the reporting agency's service area during
the prior calendar year.
(k) Each urban water supplier shall pay an annual reporting fee to
the department, imposed by the department, that shall not exceed
five thousand dollars ($5,000). The fee shall be consistent with all
applicable legal requirements for imposing fees, including the
requirements set forth in Sinclair Paint Co. v. State Board of
Equalization (1997) 15 Cal.4th 866. The department shall randomly
select 5 percent of the reports for an independent audit, which shall
be conducted by a firm or entity having expertise in evaluating
urban water efficiency. Each audit shall be subject to peer review by
a panel of experts selected by the Association of California Water
Agencies, the California Urban Water Conservation Council, and the
department if the reporting agency so requests.
10672. (a) Each urban water supplier shall adopt and commence the
implementation of the applicable best management practices
identified by the California Urban Water Conservation Council no
later than December 31, 2012.
(b) Each urban water supplier shall develop and implement the
plans and reports described in subdivisions (l) and (m) of Section
10631, unless that urban water supplier engages in extraordinary
water use efficiency, defined as using less than 70 gallons per
capita per day for single family indoor residential use and less than
70 percent of reference evapotranspiration as determined by historic
CIMIS data as outlined in the State Landscape Model Ordinance.
(c) In calculating progress towards the targets established in
subdivisions (l) and (m) of Section 10631, "potable water" does not
include any of the following:
(1) The substitution of a local source of water for water imported
to the watershed.
(2) Substitution or blending of recycled or desalinated water or
treated water for or with potable water in a manner that complies
with minimum safe drinking water requirements, if applicable.
(3) Making multiple uses of the same water within a region or
watershed, to the extent that the agency can demonstrate, based on
substantial evidence, that the water used by the agency is also used
by other urban water suppliers in the watershed.
(d) (1) If an urban water supplier fails to meet an interim
milestone identified in its plan to meet either the 2020 or 2030
targets described in subdivisions () and (m) of Section 10631, it
shall report its failure to the department on the following March 1.
(2) The urban water supplier, within 90 days thereafter, shall submit
a plan to the department to meet the next interim milestone. If the
urban water supplier fails to meet that interim milestone, it is
ineligible for funding from the state awarded or administered by the
department, the board, or the California Bay-Delta Authority until
the urban water supplier satisfies an interim milestone in a timely
manner, provided that the urban water supplier shall have a minimum
of two years from the date on which it submits the plan to the
department to meet the next interim milestone.
(3) The department shall maintain a registry of urban water
suppliers that have failed to meet interim milestones and a registry
of urban water suppliers that are ineligible for funding from the
State of California for failure to make appropriate progress towards
the water use efficiency targets.
(e) Each urban water supplier, no later than December 31, 2012,
shall adopt and commence the implementation of those best management
practices recommended by the task force described in Section 10674
that the urban water supplier, after consultation with CII
organizations within its service area, determines can be feasibly
implemented inside its service area to contribute to the statewide
goal of reducing CII water use to the extent recommended by the task
force.
10673. (a) Regional water management groups may submit data to
the California Urban Water Supply Database as required by Section
10671 on behalf of member urban water suppliers according to the
schedule that applies to individual urban water suppliers. The data
may be aggregated for the entire area served by the regional water
management group but shall also provide data for each urban water
supplier.
(b) A regional water management group, by resolution of its
governing board that is submitted to the board and the department,
may elect to report progress towards the water use efficiency targets
set forth in Section 10631 and to implement the requirements of
Section 10672 as if the regional water management group were a single
organization. In that case, the data required by Section 10631 shall
be submitted both for each member urban water supplier and for the
regional water management group as a whole but the board shall only
calculate progress towards the water efficiency targets for the
regional water management group as a whole.
(c) Notwithstanding any other provision of law, the board or the
department, as applicable, shall award regional water management
groups preference points equal to 20 percent of the total available
points in any competitive grant program administered by the board or
the department. The preference points awarded under this section
shall only be awarded if the projects that would be funded are
identified in the integrated regional water management plan adopted
by the regional water management group.
(d) Notwithstanding any other provision of law, rural communities
and disadvantaged communities shall be eligible to receive preference
points equal to the maximum preference points allocated by either
the board or the department pursuant to subdivision (c).
10674. (a) The board and the department, no later than April 1,
2010, shall convene a task force consisting of experts to develop
best management practices for the CII sector that are intended to
result in a statewide target of at least a 10-percent reduction in
potable water use in the CII sector by 2020 as compared to statewide
water use in 2000.
(b) The task force shall be composed of representatives of the
board, the department, urban water suppliers located in all of the
regions used as part of the California Water Plan task force, trade
groups representing the CII sector, and environmental groups. Members
of the task force shall be selected by the director, after
consultation with the chairperson of the board. Operations of the
task force may be funded by the participants, or by the California
Urban Water Conservation Council. The task force shall submit a
report to the board and the department no later than April 1, 2011.
The director, after consultation with the chairperson of the board,
may designate a chairperson of the task force. Any recommendation of
the task force shall be endorsed by all participants.
(c) The task force report shall include a discussion of at least
the following subjects:
(1) Metrics that are appropriate for use in evaluating the use of
water in the CII sector.
(2) An evaluation of the appropriate quantities of water needed
for cooling in manufacturing processes.
(3) An evaluation of the appropriate quantities of water needed as
an ingredient in manufactured goods or for use in the manufacturing
process.
(4) The cost-effectiveness of water use efficiency measures in the
CII sector.
(5) An evaluation of the potential use of stormwater, recycled
water, treated water, desalinated water, or other alternative sources
of water in the CII sector, together with appropriate credits for
that use.
(6) An evaluation of the manner in which regional projects could
provide significant supplies of stormwater, recycled water, treated
water, desalinated water, or other alternative sources of water to
the CII sector.
(7) An evaluation of the need for offsite public infrastructure to
provide significant supplies of stormwater, recycled water, treated
water, desalinated water, or other alternative sources of water to
the CII sector.
(8) The economic viability of any proposals developed by the task
force and whether these proposals would create sustainable
"green-collar" jobs.
(9) An evaluation of institutional and economic barriers to
increased water use efficiency in the CII sector.
(10) An evaluation of whether it is feasible to reduce water use
in the CII sector by at least 10 percent by 2020 and, if the
reduction is feasible, whether that reduction would be in the public
interest.
(11) The identification of appropriate best management practices
that should be implemented in order to achieve a feasible reduction
in water use in the CII sector that is consistent with the public
interest.
(c) The task force report shall also evaluate the feasibility and
cost-effectiveness of encouraging commercial, industrial, and
institutional facilities to implement best management practices that
can readily be transferred from the residential setting to commercial
or institutional settings, including the use of high-efficiency
toilets, low-flow showerheads,"smart" irrigation, controllers, and
climate-appropriate landscaping.
10675. (a) Any improvements in water use efficiency included in
this program shall be considered to be water conservation subject to
the protections of Section 1011.
(b) Data relating to water use efficiency and reports prepared
pursuant to this chapter shall not be admissible as evidence that any
person has failed to comply with Section 2 of Article X of the
California Constitution or Section 100. The data and reports shall
not be used as part of any action by the department or the board
pursuant to Section 275.
(c) An urban water supplier's failure to meet any interim
milestone towards the 2020 or 2030 water use efficiency targets
established in subdivisions (l) and (m) of Section 10631 or to meet
either the 2020 or 2030 water use efficiency targets established in
those subdivisions shall not be admissible as evidence that any
person has failed to comply with Section 2 of Article X of the
California Constitution or Section 100. The failure to meet these
milestones or targets shall not be used as part of any action by the
department or the board pursuant to Section 275.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The Governor's call for a 20 percent reduction in statewide,
urban per capita water use is an important component of a
comprehensive package of water management strategies necessary to
ensure sufficient water supplies for California's residential and
commercial uses.
(b) The implementation of this goal should allow for flexible
implementation that provides for the option of regional-level or
local implementation.
(c) Meeting the statewide conservation goal should be pursued in a
manner that clearly recognizes all water use efficiency efforts,
including water recycling, stormwater capture, and cooperative
efforts among agencies.
(d) Existing, well-established water management planning
processes, including integrated water management plans, must be
utilized to provide for the most effective, cooperative, efficient,
and expedient progress toward the 20 percent statewide goal.
(e) General statutory direction to state, regional, and local
implementing agencies should allow for implementation that reflects
the need to take into account unique local factors, including housing
density and lot sizes, climatic conditions, commercial, industrial,
and institutional uses, and year-to-year weather changes.
(f) To date, statewide conservation data is inadequate for the
purpose of assessing past and ongoing conservation efforts.
Standardized data collection and analysis will provide the best means
for tracking progress toward the statewide conservation goal and
ensuring accountability among local and regional agencies.
(g) Goals pertaining to commercial and industrial uses must
recognize the very different commercial and industrial uses among
regions and local agencies and should not unreasonably combine the
factors of commercial uses and population. Progress toward commercial
and industrial water conservation can best be achieved through
potential development of best management practices and local and
regional engagement with local commercial and industrial operations.
(h) Any per capita water use goals must be utilized in a fair,
appropriate, and productive manner at the statewide and regional
level and should not be applied in a manner that does not account for
the unique factors associated with individual agency conditions.
(i) Water conservation and water use efficiency efforts shall be
undertaken for the purpose of enhancing watershed sustainability.
(j) Statutory revisions and administrative actions that provide
direction for implementation of the urban water use conservation goal
should not be crafted in a manner that could affect or imperil
existing water rights.